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BROWN v. STATE, DEPT. OF FINANCIAL SERVICES

No. 4D04-855.

899 So.2d 1246 (2005)

Eric James BROWN, Appellant, v. STATE of Florida, DEPARTMENT OF FINANCIAL SERVICES, Appellee.

District Court of Appeal of Florida, Fourth District.

April 20, 2005.

Attorney(s) appearing for the Case

Alan M. Herman and William Zeena, Jr., of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Miami, and Fred N. Knopf and Ami Shah of Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Planes, New York, for appellant.

David J. Busch, Tallahassee, for appellee.

STEVENSON, J.

Eric James Brown appeals the Department of Financial Services' final order denying a motion to set aside a default revocation of his insurance license. Because factual issues were raised in the motion and accompanying affidavit, which should have been resolved via an administrative hearing, we reverse and remand. See § 120.57(1), Fla. Stat. (2002).

The final order of revocation was entered by "default" when appellant failed to request...

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